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NewsNBC Bay Area — PoliticsJune 30, 2026United States

Supreme Court Rules Birthright Citizenship Remains Constitutional

The Supreme Court struck down a Trump administration executive order that sought to end birthright citizenship for children born to parents in the U.S. unlawfully or temporarily. The 6-3 ruling affirmed that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, with very limited exceptions.

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Why It Matters

The ruling maintains the current legal status of children born in the U.S. to non-citizen parents, preventing the implementation of an that would have denied them automatic citizenship.

Key Facts

  • The Supreme Court ruled 6-3 that the executive order limiting birthright citizenship is unconstitutional.
  • The ruling affirms that children born in the U.S. to parents who are in the country unlawfully or temporarily are citizens at birth under the 14th Amendment.
  • The executive order was signed by President Trump on his first day of his second term in January 2025.
  • The 14th Amendment, ratified in 1868, provides citizenship to all persons born or naturalized in the U.S. and subject to its jurisdiction.
  • Justice Brett Kavanaugh suggested that while the Constitution dictates citizenship, Congress has the authority to create exceptions through new legislation.
  • The dissent by Justice Clarence Thomas was 91 pages long.
  • The ruling impacts more than 250,000 babies born in the U.S. annually.
  • The restrictions would have applied to both undocumented immigrants and legal residents, such as students and green card applicants.
  • The court relied on the 1898 precedent of Wong Kim Ark, which established citizenship for U.S.-born children of foreign nationals.

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